MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 367 Internal reviews in relation to applications

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 367

    (1)     This section applies if—

        (a)     an application for internal review of a decision of the Director has been made under regulation 738 of the Marine Regulations before the commencement day in relation to a refusal of an application—

              (i)     for an operator licence; or

              (ii)     for a personal watercraft endorsement on an operator licence; or

              (iii)     to vary or renew an operator licence or a personal watercraft endorsement on an operator licence; and

        (b)     the internal review as provided under that regulation has not been completed before the commencement day.

    (2)     On and after the commencement day, the internal review must be completed in accordance with the Marine Act and Marine Regulations as if they were in force and for that purpose—

        (a)     a reference in regulation 738 of the Marine Regulations to the Director is to be read as a reference to the Safety Director; and

        (b)     section 329, 330, 331, 332 or 333 (as the case requires) does not apply to the relevant application while the internal review is on foot.

    (3)     If the effect of the decision of the Safety Director is that the decision to refuse the application is revoked—

        (a)     the application is taken to be an application to which section 329, 330, 331 or 332 (as the case requires) applies; and

        (b)     section 329, 330, 331 or 332 (as the case requires) applies as if a reference in that section to the commencement day were a reference to the day on which the decision of the Safety Director takes effect.